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Valerio v.

CA
G.R. Nos. 164311-12 October 10, 2007
LAARNI N. VALERIO, Petitioner, vs. COURT OF APPEALS, HON. JUDGE MA. THERESA L. DELA TORRE-YADAO, RTC -
Branch 81, QUEZON CITY and MILAGROS "MYLA" VALERIO, Respondents.

FACTS:
An information for parricide was filed against Milagros Valerio. Milagros filed an application for bail, claiming that
the evidence of guilt against her was not strong. This was granted by the RTC.

Meanwhile, one of the murder suspects, Antonio Cabador, was arrested. He pleaded guilty to the charge of
murder and he stated that it was Milagros who planned the murder of her husband.

Petitioner Laarni Valerio, the sister of the victim, elevated the case to the CA, ascribing GAOD to RTC Judge for
granting Milagros bail. Laarni contends that Milagros is not entitled to bail as the evidence of guilt against her is
strong. She banks on the testimonies of a witness who heard Milagros asking the murder suspect Antonio about
their plot to kill her husband. She also asserts Antonios plea of guilty to the charge of conspiring with Milagros in
the murder of Jun Valerio.

ISSUE: Is Milagros entitled to bail? NO

HELD:
Bail is not a matter of right in cases where the person is charged with a capital offense or an offense punishable by
reclusion perpetua or life imprisonment. Article 114, Section 7 of the Revised Rules of Criminal Procedure, states,
"No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment,
shall be admitted to bail when the evidence of guilt is strong, regardless of the stage of the criminal action."

In this case, the trial court had disregarded the glaring fact that the killer himself has confessed to the crime and
has implicated Milagros as the mastermind. When taken in conjunction with the other evidence on record, these
facts show very strongly that Milagros may have participated as principal by inducement in the murder of Jun
Valerio. It was thus a grave error or a grave abuse of discretion committed by the trial court to grant her
application for bail. The appellate court clearly committed a reversible error in affirming the trial courts decision
granting bail to Milagros Valerio.

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